The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Flandersv.The State

CourtSupreme Court of Georgia
Docket No.S20G0464
DecidedDecember 21, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureEvidencePost-Conviction ReliefCertiorariVacaturRemand
Case Summary

Christina Flanders challenged the handling of an amended motion to withdraw her guilty plea. The Georgia Supreme Court granted certiorari, vacated the Court of Appeals decision, and remanded. The Court of Appeals had held that the trial court lacked jurisdiction to consider a claim raised in an amended motion filed outside the term in which the plea was entered, even though the original motion was timely. The Supreme Court held that the appellate court had not addressed Flanders’s preserved claim that the trial court improperly declined to consider a Brady claim raised in the amended motion. The Court did not decide the merits of that claim and directed the Court of Appeals to address it and any other preserved issues as necessary.

Opinion

Loading published copy…

The Far Side